Rehabilitation and Restitution

jazzsax1posted 1 month ago

Ok ----- so here's where I will post and see how the 3 Amigos (John, Michelle, and Ken my brother from another mother) reply...

I am one month away from my sentence finallly being over. I was sentenced to 2 years less a day house arrest for fraud over 5K. Long story. 3 years probation. Only reason I got probation was at the time the sentencing judge wanted to ensure I paid a small amount of restitution every month as I was coming out of a job in the non-profit sector and transitioning to full time self employed.

Sentehced October 16, 2015 in Ontario. 2 years less a day, conditional - plus 3 years probation. Probation is up Oct 15 2020 (One month! WOOOO!)

Since sentencing
- I've gone to court to vary my sentence - remove conditions - Alberta judge removed director / officers ban as they felt that I was showing that the intents on WHY it needed to be removed were more than fair (they varied the order, removed it, and said in the court docs "We've never done this before but you've brought all good signs before us"
- stand alone restitution - I got hit with a HUGE stand alone order - 6 figures - even though I never benefited. I've paid this down significantly via working with the victim
- victim and I are in regular contact EVERY month - he has forgiven me, and his family, and all have offered to sign letters to help expedite any waiver as in their view they are in the benefit of making things whole (my whole reason to travel to the US is business purposes)
- I coach softball (and have been cleared by the local organiztion) - full transparency - they knew about my charges from day one as they ASKED me to coach and I disclosed up front what would come up ---- they would provide letters as well
- my private practice clients are all aware of my charges and past history. If anything - my business has GROWN since 2015 - and clients would sign letters as well.

So the sticking points
- stand alone order is being paid off over time. It is now under $70K (was over $100K at one point) with proof of monthly payments to the court, and agreement from the victim that they are happy how things are going
- clients will sign letters
- I have been volunteering

So other than BIDEN and democrats sucking the big one.... what issues do I have to address?

I want a waiver when the border opens, or shortly there after. Funds are not an issue. I make far more in my business by being able to travel to the US than not.

What do I have to fix? What do I fight on? WHo is the best to built this packet for me?

Replies (recent first):

Wow I didn't think this would become a pissing match. LOL. But it's all good. To be fair, most of you have said pretty similar in general, both publicly and privately. The main thing for me ---- if I'm going to spend $1400 USD, whats another $600 to have this done by someone with far more experience than me?

Yes - I could probably do it myself. Yes - I could probably do it for others over time. But do I want to? I'm busy enough with my day to day work that honestly the value and time for me in sorting this is worth having the assistance from others to do.

I haven't decided who I'm leaning towards yet - I do think we need to see what the police reports say and then decide best way forward. Obviously Michelle is close to Calgary and is familiar with the ports here. I travel alot to Ontario (which is why I would work with John, but that's useless if E-Safe isn't up and going). I also travel to Vancouver, but will I be stopped by Ken's security? :) I might have to show up with a bottle of rum.

Will digest things for a few days then let you know how I plan to move forward. I do want to get the work started on building the packet so when the borders are actually open things are ready to go. We know that could be a while, but it also takes a while to get court docs and build everything else.

jazzsax1 replied 1 month ago   #11

@KenScott, telling him he should use Michelle is not 'begging'.

"not pointing fingers" but guess who I am telling NOT to use? You.

J Rogers replied 1 month ago   #10

I do not understand why John thinks that we have to see people in order for them to retain us..lol I assume he has not heard of fax machines, email, telephones, and video tele conferencing. If I were him, I would not be a betting man in regard to his "guarantees" of what we have seen of him and his work/clients. He has no idea whom we have either seen or spoken to on the phone. Again, not trying to insult anyone but just had to point out some basic common-sense facts unless he has telekinetic powers...lol

Anyway, Jazz Sax already knows what I mean about the restitution. I will say again for people that may be intellectually challenged (not finger pointing) ...I would in my opinion “feel more comfortable” if your restitution was fully paid off before we applied for your waiver. Obviously, it is your choice as to what you do with your case and life. I am also basing your case on another male client out in Western Canada that has a Fraud over $5000 case and previously owed money to a Canadian agency.

Jazz Sax you already know the type of cases that we get cleared in Surrey, Edmonton, East Van, and our track record. You already know that we are straight shooters and will give clients a bluntly honest answer whether it is news that they like to hear or not. We are not concerned with sugar coating their chances of success and you already know our fees. I would rather tell someone to hold off and save their money if we think that their case is shaky. You can definitely smell desperation from certain people since there is no need for me to elaborate...lol

Unquestionably, this will sound arrogant but we only care about keeping our 98-99% success rate and customer satisfaction is #1. Obviously, the clients are happy since they greatly benefit from these percentages. I will be the first one here to admit that our fees will be the highest here in waiver cases.
We are also not in the business of educating Ontario Discount Waiver Companies on the proper techniques on how to successfully get cases cleared. I say this because people can see a pattern that certain individuals often complain that we are not clear when we mention strategy related techniques. Yet, we never say such things in the reverse opposite. I have to constantly state no finger pointing so as to gently soften the blow regarding certain emotional feelings from individuals.

We also do not just accept anyone that wants our services as you are aware. I mostly want to take complex cases that we can turn into a 1,000,000% slam dunk approval. You could indeed get cleared now but I am more comfortable if we could get the relevant rehabilitation documented at a minimum. I would also like to do a quick analysis on the particulars of your case. I especially would like to see how it is listed on an RCMP report. It is different with us since you can learn a lot from working at law firms and using their special tools.

Well we have their tools and use them to prepare our border crossing cases. Ontario Discount Waiver Companies (not finger pointing) apparently only focus on waivers and pardons. Well, we provide other services to include visa application prep and more. I am open to a 4-way conference call if this is your choice. If certain person(s) are too intimidated by us (and rightly so) to participate in the call, then that is their problem and not ours since I could not give a flying flamingo or care any less.

You are indeed my rum drinking Brotha of another mother and I want you to do whatever works best for you. I do not need to elaborate here since you already know certain things and you know that we do not beg..lol

Ken Scott
Senior U.S. Immigration Law Intelligence Analyst
www.usentrywaiverservices.com
888 908-3841
604 332-9213

KSCOTT replied 1 month ago   #9

Jazzsax1..Time to decide...Who are you choosing and why? Please keep us posted on your progress..Inquiring minds want to know..LOL..

Michelle replied 1 month ago   #8

@KenScott let me correct a couple of things.

1.How would you EVER see a client of mine. You NEVER have seen any of my work, I guarantee that. I have 2 of your former clients because you told them they would get September Letters and instead they got waivers. They saw us on the forum and they called me.

2. "we now see a large number of these letters from people that used Ontario Discount Waiver Companies and a few lawyers" HOW? They immediately fly to Vancouver and stand in front of your mailbox? THEY LIVE IN ONTARIO.

3. I live in Canada and represent Canadians who CANNOT ENTER THE UNITED STATES. How would US law firms have more experience if they ARE IN THE US? The clients cannot even see them.

4. You told Jazzsax1 to "not be fooled by accreditation" but spend half the post talking up the advantages of prestigious law firms and how he should "spend a lot of money" on these law firms. They are only lawyers because THEY ARE ACCREDITED by a law school.

Where is your analysis of this situation? As I said, "i wish you paid off the restitution" isn't telling him anything. I explained in a fair amount of detail what my strategy is, where does yours differ? Jazzsax1 is asking you for some REAL advice.

If you say "its a secret" then why are you asking for collaboration over zoom? I just don't think your going to add anything that is going to help. (My opinion)

Jazzsax1, its your decision. I am happy to send you a sample of my work if you want. I won't be offended if you go elsewhere. If you hire a law firm, and pay big bucks, I will ridicule you. But in a nice way. I can run circles around ANY law firm, and I am more than willing to conference call with any of them you can find. I have NEVER found a lawyer who can touch me in this line of work. Lawyers are great for some things, absolutely. But not this.

J Rogers replied 1 month ago   #7

I am unsure why John wants to mention the work that we do but I will leave it alone since Jazz Sax is free to hire whomever he sees fit. We have already made contact and he is aware of my opinion. I will not speak about others, but our work is based upon the successful techniques used by many high-end American immigration law firms in 3 U.S. states.

I still work with them and help develop case strategy for some of their cases. This is also where I continually get a refreshing update through video teleconferencing of current procedures used in removal proceedings, relief from removal, topics surrounding 18 U.S.C. and more. I also have associates that still work for the system and federal agents. This helps us to not live in a fantasy world of the $499 Discount Waiver Companies.

You also notice that most of our posts can be fact checked using the applicable regulations and statues. This is how you win not only border crossing issues cases but cases in U.S. criminal court. Also note that our work has changed over the years, since statutes and govt policies can change. I have too seen John's work and have spoken to people that have dealt with him, but I will leave it as such since I endeavour to be cordial.

We also have a 98-99% success rate and that is based on the usage of techniques used by aforementioned law firms. Some of these firms are charging $15,000-$20,000 for a waiver. It has allowed us to charge even higher now. Also, I have associates that formerly worked and still work for the U.S. system, so we have an advantage there. My background also covers this area as well. So yeah, we deal with the former West Coast big fish and their cases indeed made the local news years ago.

I would be more comfortable if the entire restitution were paid off in your particular case. I am extremely risk adverse and tend to stay on the side of caution as opposed to folly. I would also be happy if we could show massive rehabilitation on your case similar to what we show on the Surrey former trafficking or former home invader cases. We get an exceptionally large number of complex border crossing cases to sort out and this is our speciality. This includes former heavy cross border traffickers, major violent crime convictions, former money launderers and more. Your case is more in the moderate range for us.

We too have seen rejection letters and have used them as a guide over the years. One of the problems that we face is that we rarely see one from us. This is not a problem as much now since (not pointing the finger at anyone) we now see a large number of these letters from people that used Ontario Discount Waiver Companies and a few lawyers.

I would be open to a conference call with the 4 of us and it is obviously John's choice if he chose to participate as such. Obviously, you can choose the person that you want to deal with and that is fine. Btw a lot law firms do not want to do waiver appeals since they are a waste of time now under this administration. The key to winning the complex waiver cases are essentially putting them together as if you were representing the person at their criminal trial.

If you really want to pay someone then I can refer you to high end American immigration lawyers that you could retain. I suggest that you consider using different sources or do your case yourself since you are clearly qualified. I say it because some people/companies out East have a habit of only caring about the money and not obtaining the successful outcome as much. Again, I am not finger pointing here.

Also, please do not fall for the "accrediation/licenced scam" that some pardon companies and lawyers try to push. Accrediation/licencing means fuck all if the pardon company or lawyer has no clue on what they are doing and/or have a very poor success rate. Immigration lawyers are "accredited" by virtue of being licenced and in good standing with the bar but even some of them are clue less.

Choose someone that has the skills to resolve your complex border case since $1400 is not pennies you can throw away. Again not finger pointing here.

Ken Scott
Senior U.S. Immigration Law Intelligence Analyst
www.usentrywaiverservices.com
888 908-3841
604 332-9213

KSCOTT replied 1 month ago   #6

@Jazzsax1 Your restitution not being paid is fine, as long as we show it IS being paid.

Again, your not a "slam dunk" but you have done a lot on your end to give yourself the best possible chance.

I have seen Ken's work and we take different approaches. Mine is based on seeing a LOT of rejection letters because I get a LOT of traffic for appeals. When a waiver is successful, you get NO feedback. When it fails, they explain in agonizing detail what they did not like. Actually, they make a quick decision, and THEN use all the elements to justify the decision.

The truth is this. It is evident what the big issue is. Time. They make a LOT of their decision based on what the date and sentence is.
You cannot change that problem. Therefore, we have to mitigate that with the other elements I talked about.

I am not into a bunch of gesturing. I plan on being successful every time I do a waiver.

Just be careful of what you are trying to achieve. Ken and I don't write letters the same. This is why I asked you to compare. How I see this going is Ken simply trying to improve on my actual WORK, and I have no interest in that. (notice this "but I know in private chats he has said he was curious what the rest of you thought (and actually had suggested we bounce it between the three of you for ideas!") Of course he is. But shouldn't he have already covered ALL of this in "private?"

Have you ever seen an actual waiver ken has done? I have seen 2. They weren't terrible by any means, but we do take a different approach.

The smarter approach is to ask for a letter from each. I am sure you will quickly see the difference and choose which one is best for you. If you and Ken are buddies and you trust him, then maybe that is your best approach.

As for paying, remember, if your paying Ken, then I am not participating and good luck. If you want to pay Michelle, I will give her any amount of help/collaboration she wants, for free. Obviously if you want me to help you, I will. My fee is $600 (you will do you own prints locally so there is a discount) a deposit of $250 is needed to start.

You and I talked about this a while ago. I'll always be available for advice no matter WHO you chose. If your really not sure I would urge you to choose Michelle. Your going to get an honest effort and like I said, she represents everything that is good about this industry.

[ J Rogers appended this reply on September 16, 2020 @ 3:56 pm ]

When I say "a letter from each" i mean a past letter (altered dates and names of course) to get a feel for everyone's work. Just a suggestion but I think that will CLARIFY who is the best fit for you.

J Rogers replied 1 month ago   #5

Well here is the thing.... I should be more specific. it's not like "money isn't an issue" ---- of course I would love to save the money ---- but I believe you pay professionals for work, and in a case like this, it's not like i'm paying for a membership or a training course.

It's an application to get into the US that could be denied ---- and for me ---- that has value to pay someone professional to do it. Not to mention the value of time vs money. The time for me to put into this is worth far more to me to pay someone than for me to do the whole thing myself.

This would be the first waiver. I would much rather have a professional build the packet (and really I give you all the input on what I've done, etc, and have it be built properly). I know I could do it myself ---- but I want a much higher chance of success for a longer waiver off the top, rather than taking the chance with doing it myself.

@JohnRogers - Restitution is being paid monthly per a private agreement with the victim on the stand alone order. Instead of it being converted to a civil judgement (which impacts a whole pile of other stuff), we are working together to get the rest addressed over time. The restitution as part of the sentence/probation has long been paid. That was paid off early based on me sending more than required by the court every month. I have a large file showing every payment / receipt / etc to the court documenting from day 1.

We are working off the standalone order now (It was over $104K at the start, now down to under $70K.... if only the court wasn't behind in processing.... they will show it closer to 65K left when they finish processing payments that were sent). I send funds monthly and have regular contact with the victim and his son (we are friends again... go figure!). It will be done within three or four years at the current pace --- but I didn't want that to be a "hold up"

From my end, I would be more interested in prepping everything so it's ready come the time the border eventually opens. Even if it's next year, I'd like it ready to go. Obviously we'd have to deal with fingerprints and the rest.

Ken hasn't commented - but I know in private chats he has said he was curious what the rest of you thought (and actually had suggested we bounce it between the three of you for ideas!)

jazzsax1 replied 1 month ago   #4

@John - Thanks for the suggesting Jazz use my service. I really appreciate your sincerity in my ability to help. I also agree with everything you said in your approach to this waiver.
@Jazzsax1 - My honest opinion, is you should do the waiver yourself. You have done much research and you have already tackled your situation in a very positive way. John has given many great pointers in writing your letter. I really think you just need someone to review the finished application before you deliver to make sure all the little details are there. Sometimes a client really doesn't need us to do all the work start to finish. When someone asks me "Why should I hire you?" I tell them - "It really depends on the client's time and comfort level." I also say "I can paint my house, but I really don't want too, so I hire someone." Same thing with a Waiver or a Pardon. Anyone of us will be willing to review your application and "fine tune" if if required. Of course, there is a fee..LOL...

Michelle replied 1 month ago   #3

@Jaxxsax1 let me now answer your other questions. I feel like at this stage you are a bit of an expert yourself, so some of this will be a little redundant.

-being transparent about the offence is paramount. No bullshit, we would stick to the real cause and describe what happened.
-you have done a lot of work in terms of rehabilitation and this will be highlighted throughout the personal letter.
-better than stating it, you have PROOF, including from the past victim, and that is actually a HUGE positive.
-its important to talk in detailed terms about the restitution. Unlike a pardon, there is no "requirement" it be paid in full. The reason its important to mention it in detail is to cut off Homeland Security asking about it and wasting more time.
-As you know the "reason" for travel is not as important as the rest of the letter, but this might be an area we could still maximize
- the reference letters in your case would be much more important than usual. We would do a combination of ones written by people you know, because I can tell you would have some letters written by intelligent people. You cannot fake real sincere letters. But we might also write one for you, that hits on certain points that are important. A friend would sign it.
-The point is to never leave any stones unturned.
-For me, I like the challenge. I may discourage clients from doing waivers that may not succeed but that is because for some people, the money is important. I want them to make a decision based on real facts, not fantasy. Since money isn't an object for you, and your very knowledgeable, this would make my competitive juices flow

The biggest issue I have with waivers like this is honestly that I convince the client that they are going to get the waiver for sure once they see the package. But there are waivers that are rejected. As long as your eyes are wide open, then I am onboard.

Jazzsax1 the truth of the matter is your "buying" the personal letter. Putting the rest together will be a matter of forms (I don't see how that would vary much) and content. What should be included, and why?

If money is no object then be your own project manager, ask all three of us for the letter, and use the one that you like best.

or

Ask all of us for a sample letter (name removed) we have done before. Its all saved on computer. I can alter enough information in 5 minutes. Then you see "a sample" of what you are getting. I am very proud of my work. I would have no problem sharing a sample with you. Your a smart man, you will know immediately who you want to write your letter for you.

J Rogers replied 1 month ago   #2

@Jazzsax1 I have talked to you extensively and my opinion is still the same. No need to do anything right now since the border is closed until possible November 26th. The longer you wait the better.

I had a woman in Manitoba who had a fraud over (insurance) and she paid the restitution right away. She "rushed" the application because she thought the fee was going up before Christmas. It was just 3 years after the conviction date. I told her it was 50/50 that she would get a waiver for 1 year. She got 5 years in February and was ecstatic. I was shocked. We went heavy on the rehabilitation and the remorse in her personal letter.

That doesn't mean I can make impossible waivers happen. You have seen me on here and my message is consistent. With you, as I have said before, the longer you wait, the better your chances. My policy is the same for everyone. If you apply, I re-do the waiver, at a time of your choosing, for free. The Homeland Security fee unfortunately not covered.

If you are going to give anyone money, I would hope it would be Michelle. I don't have to tell you her expertise, you already know that. I know that things have been tough because of Covid, and if you pay her to do the waiver I will give as much or as little input as you want for free. Businesses like hers are exactly the kind we should be supporting in Canada. Michelle does everything the right way.

J Rogers replied 1 month ago   #1

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